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Resumo

This article examines the legal production of racial difference as a relation of violence. It does so by engaging with the theoretical and political problematic of relationality, which has recently gained prominence in critical legal and political thought. The article argues that the relational approach to difference, while offering important insights into the workings of power, ultimately fails to account for the specificity of racial violence. This failure, it contends, stems from a tendency to treat difference as a pre-given ontological category, rather than as a product of historically specific power relations. Drawing on the work of Frantz Fanon and Hortense Spillers, the article develops an alternative approach to understanding racial difference, one that emphasizes the role of violence in its production. It argues that racial difference is not simply a matter of relationality, but of a specific kind of relation, one that is characterized by the systematic and ongoing infliction of violence on racialized bodies. This violence, it concludes, is not simply an unfortunate byproduct of racial difference, but is constitutive of it.

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